Madras High Court
Teachers Recruitment Board vs S. Rani on 21 December, 2021
W.A.No.3003 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 21.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
W.A.No.3003 of 2021 and
C.M.P. No.20538 of 2021
Teachers Recruitment Board,
Rep. By its Chairman,
DPI Campus, College Road,
Chennai – 600 006. ... Appellant
v.
1. S. Rani
2. State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
School Education Department,
Fort St. George, Secretariat,
Chennai – 600 009.
3. The Commissioner of School Education,
DPI Campus, College Road,
Chennai – 600 006.
4. The Directorate of Government Examinations,
DPI Campus, College Road,
Chennai – 600 006. ... Respondents
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W.A.No.3003 of 2021
Writ Appeal filed under Clause 15 of the Letters Patent against
the interim order dated 08.11.2021 passed in W.M.P. No.25211 of 2021
in W.P.No.23895 of 2021 of the Hon'ble Court and thereby allow the
Writ Appeal.
For Appellant : Mr.K.VSajeevkumar
Special Government Pleader
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed in W.M.P. No.25211 of 2021 in
W.P.No.23895 of 2021, the 4th respondent has filed the above Writ
Appeal.
2.1 The 1st respondent filed the Writ Petition to issue a Writ of
Mandamus, directing the respondents to allow her to participate in the
selection to the post of P.G. Assistant pursuant to the Notification issued
by the 4th respondent dated 09.09.2021 and subsequently
G.O.Ms.No.144, School Education Department dated 18.10.2021 issued
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W.A.No.3003 of 2021
by the 2nd respondent in consideration of date of birth as per original
birth extract as 22.11.1976 by accepting the application through off line
in physical form and consequently direct the 3rd respondent to consider
the application for change of date of birth in SSSLC Mark statement,
within a time frame.
2.2 Along with the Writ Petition, the 1st respondent has also filed
a Miscellaneous Petition in W.M.P. No.25211 of 2021 seeking for a
direction to the respondents to allow her to submit Application Form
for recruitment to the post of P.G. Assistant pursuant to the Notification
issued by the 4th respondent in Advertisement No.01/021 dated
09.09.2021 and subsequent G.O.Ms.No.144, School Education
Department dated 18.10.2021 issued by the 2nd respondent through off
line in physical form, pending disposal of the Writ Petition.
3.1 It is the case of the 1st respondent that she was born on
22.11.1976, however, at the time when she was admitted in the school,
her uncle has given her date of birth wrongly as 22.05.1976. The 1st
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W.A.No.3003 of 2021
respondent was issued with SSLC Certificate wherein her date of birth
has been mentioned as 22.05.1976.
3.2 Pursuant to the advertisement issued by the 4 th respondent,-
appellant, for the post of P.G. Assistant, wherein maximum age limit for
submitting the application was fixed at 45 years and the cut off date for
calculating the date of birth was 30.06.2021. Since the 1st respondent's
date of birth was entered as 22.05.1976, she was ineligible to submit her
application for the reason that she crossed the age of 45 years on
22.05.1976. In these circumstances, the 1st respondent filed the Writ
Petition contending that her original date of birth was 22.11.1976,
4. The learned Single Judge, taking into consideration the case of
the 1st respondent-writ petitioner directed the appellant to accept the
manual application to be submitted by the writ petitioner and allow her
to participate in the selection and her participation in the selection and
also made it clear that her participation in selection will be subject to the
further orders of the court.
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W.A.No.3003 of 2021
5. Since the learned Single Judge had passed the interim order
protecting the interest of the appellant also stating that the selection of
the writ petitioner would be subject to the result of the Writ Petition, we
are not inclined to interfere with the orders passed by the learned Single
Judge. It is open to the appellant to file their counter and contest the
Writ Petition in accordance with law. We also reiterate the observations
made by the learned Single Judge by stating that in the event of the 1st
respondent-writ petitioner being selected for the post of P.G. Assistant,
the same shall be subject to the result of the Writ Petition in W.P.
No.23895 of 2021.
With these observations the Writ Appeal stands dismissed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
[M.D., J.] [J.S.N.P., J.]
21.12.2021
Index : Yes/No
Internet: Yes
Rj
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W.A.No.3003 of 2021
To
1 . The Principal Secretary to Government,
School Education Department,
Fort St. George, Secretariat,
Chennai – 600 009.
2. The Commissioner of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3. The Directorate of Government Examinations,
DPI Campus, College Road,
Chennai – 600 006.
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W.A.No.3003 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.3003 of 2021 and
C.M.P. No.20538 of 2021
21.12.2021
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